Sargent Security (Aus) Pty Ltd v Commissioner of Police, NSW Police [2014] NSWCATAD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sargent Security (Aus) Pty Ltd v Commissioner of Police, NSW Police [2014] NSWCATAD 204 Hearing dates: 24 April 2014, 30 June 2014 Decision date: 24 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed Catchwords: security licence - revoking - controller Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Security Industry Act 1997 Security Industry Regulation 2007 Corporations Act 2001 (Cth) Category: Principal judgment Parties: Sargent Security (Aus) Pty Ltd (Applicant) Commissioner of Police, NSW Police (Respondent) Representation: Adams & Partners Lawyers (Applicant) G Di Carlo (Respondent) File Number(s): 1420116

reasons for decision 1The Applicant, Sargent Security (Aus) Pty Ltd, has applied to the Tribunal seeking a review of a decision of the delegate of the NSW Commissioner of Police ("the Commissioner" or "the Respondent") dated 28 February 2014 revoking the security licence held by the Applicant under the Security Industry Act 1997 ("the Act"). 2The decision was made pursuant to section 26(1A) of the Act that the licence be revoked on the basis that a controller was appointed during the period beginning on 7 February 2014 and ending on 18 February 2014. 3The delegate was satisfied that if the Applicant were applying for a new licence, the application would be required to be refused under section 15(4) of the Act and clause 16(2)(b) of the Regulation as, in the 3 years immediately preceding the application for the licence, the Applicant was a corporation for which a controller was appointed. Therefore, the delegate adopted the view that the Respondent was required to revoke the Applicant's licence under section 26(1 A) of the Act. The delegate noted that the power to revoke a licence under section 26(1 A) of the Act is mandatory rather than discretionary.